3
PROCEEDING BEFORE THE COMMISSION
5.
On July 12, 1994, Martha Arrivillaga de Carpio and Karen Fischer,8 the Human
Rights Office of the Archbishopric of Guatemala, the Center for Justice and
International Law, Human Rights Watch/Americas and the International Human
Rights Law Group filed a petition before the Inter-American Commission.
6.
On August 27, 1996, the Commission made itself available to the parties in
order to reach a friendly settlement.
7.
On September 27, 1996, the petitioners informed the Commission of their
willingness to take part in the proposed friendly settlement.
8.
On October 30, 2001, the Commission proceeded to open the case as No.
11,333, and postponed examining admissibility until the discussion and decision on
merits, in application of the provisions of Article 37(3) of its Rules of Procedure.
9.
On March 4, 2003, having examined the positions of the parties and
considering that the friendly settlement stage had concluded, the Commission
adopted the Report on admissibility and merits No. 27/03, in which it recommended
that the State:
1.
Carry out a complete, impartial and effective investigation into the reported
facts in order to prosecute and punish the perpetrators of the human rights violations
committed against Jorge Carpio Nicolle, Juan Vicente Villacorta, Alejandro Ávila Guzmán,
Rigoberto Rivas and Sydney Shaw.
2.
Adopt the necessary measures to ensure that Sydney Shaw and the next of kin
of Jorge Carpio Nicolle, Juan Vicente Villacorta, Alejandro Ávila Guzmán and Rigoberto
Rivas receive adequate, prompt reparation for the violations […] established.
3.
Adopt the necessary measures to avoid similar acts occurring in future, in
accordance with the obligation to prevent and guarantee the fundamental rights
recognized in the American Convention.
10.
On March 13, 2003, the Commission forwarded the above report to the State,
granting it two month from the date of transmittal, to report on the measures
adopted to comply with the above recommendations.
11.
On June 10, 2003, the Commission decided to file the instant case before the
Court, in view of the lack of a response from the State regarding compliance with its
recommendations, and the provisions of Article 44(2) of its Rules of Procedure.
IV
PROVISIONAL MEASURES
12.
On June 1, 1995, at the request of the petitioners, and based on alleged
threats and intimidation against Martha Arrivillaga de Carpio, Karen Fischer, Mario
Arturo López Arrivillaga, Ángel Isidro Girón Girón and Abraham Méndez García, the
Commission requested the Inter-American Court to order provisional measures in
favor of these persons.
13.
In an order of June 4, 1995, the President of the Court (hereinafter “the
President”) ordered urgent measures, in which he requested the State to protect the
8
This name also appears as “Karen Fisher”, “Karen Marie Fischer Pivaral” and as “Karen Fischer de
Carpio.” Hereinafter, the Court will use “Karen Fischer” or “Mrs. Fischer.”